GRADUATE MEDICAL EDUCATION PROGRAM RESIDENCY

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GRADUATE MEDICAL EDUCATION PROGRAM
RESIDENCY/FELLOWSHIP AGREEMENT
THIS IS AN AGREEMENT by and between the Regents of the University of Minnesota
(the “University”), a Minnesota constitutional corporation, and
, hereinafter referred to as
“resident/fellow.” The Agreement applies to Academic Year 2014/2015; actual dates of coverage
are specified in Section 5 below.
THE PARTIES AGREE as follows:
1.
Purpose. The primary purpose of the appointment of a resident/fellow is the successful
completion of a graduate medical education training program. This Agreement and the
provisions of the Resident/Fellow Institutional and Program Policy Manuals referenced in this
Agreement govern the relationship between the individual resident/fellow and the University,
and take precedence over any other University document or procedure to the extent they are
inconsistent with the terms of this statement.
2.
Appointment Status. During the period in which residents/fellows are undergoing
graduate medical education training at the University, they have the status of students and are
appointed to one of several student/professional training classifications in the University
appointment system. The majority of residents/fellows are appointed to one of the following
classifications: medical resident; medical resident-graduate program; medical fellow; medical
fellow-graduate program. In addition, there are a limited number of research-oriented
appointments supported through National Research Service Award (NRSA) training grants from
the National Institutes of Health (NIH). These appointments are: NIH-NRSA medical resident;
NIH-NRSA medical resident-graduate program; NIH-NRSA medical fellow; NIH-NRSA
medical fellow-graduate program. Residents/fellows who are offered one of these NIH-NRSA
appointments during the term of this Agreement will be given thirty (30) days written notice of
the change in appointment.
3.
Responsibilities of the Resident/Fellow.
3.1
The resident/fellow agrees to accept the duties, responsibilities, and rotations
assigned by the program director or designee and to conduct himself or herself ethically and
professionally in keeping with his or her position as a physician, in the care of patients and in
relationships with other hospital/clinic staff.
3.2
The resident/fellow agrees to participate fully in the educational and scholarly
activities of the residency/fellowship program and, as required, to assume responsibility for
teaching and supervising other residents/fellows and medical students.
FORM: OGC-SC200
Form Date: 01.23.02
Revision Date: 11.20.2013
1
3.3
The resident/fellow agrees to provide safe, effective, and compassionate care of
patients under faculty supervision, commensurate with the resident’s/fellow’s level of education
and experience.
3.4
The resident/fellow agrees to abide by the bylaws, policies, rules, and regulations
of the University of Minnesota Medical School (the “Medical School”), the University and the
hospital and clinics to which assigned.
3.5
The resident/fellow agrees to meet state, federal, and University requirements for
participating in a residency/fellowship program prior to the start of and throughout the training
program. Failure to meet these requirements is grounds to rescind or terminate this Agreement:
3.5.1 Credentials. Submit proof of earning an M.D. or D.O. or equivalent
international degree; comply with state licensure requirements either by obtaining a
residency permit or an unrestricted Minnesota physician license, as required by the
individual residency/fellowship program; provide copies of GME program completion
certificates for prior training, if applicable; and document passage of the USMLE Step 3
or COMLEX-USA Level 3 (for D.O.s) by the following dates: January 1 of the PGY-2
year for residents starting in 2013/2014; for residents who started before 2013/2014 and
signed a previous residency agreement, the prior deadline of March 1 of the PGY-2 year
remains in place.
3.5.2 Health professions requirements. Submit proof of immunization history,
obtain annual Mantoux and maintain compliance with immunization requirements; pass
annual background study clearances as required under Minnesota law and per federal
requirements through the List of Excluded Individuals/Entities (LEIE); and complete
HIPAA and Privacy training. The resident/fellow agrees that his/her immunization
compliance status and background study results may be shared with clinical sites where
the resident/fellow is assigned.
3.5.3 Work authorization. Obtain an appropriate visa, as agreed to by the
program, if the resident/fellow is not a U.S. citizen or permanent resident. Failure to
obtain appropriate visa status prior to the start date of the training program, or failure to
maintain visa status throughout training, may result in forfeiture of the training position.
3.5.4 Other. Complete a Residency Management Suite (RMS) Data Form upon
appointment; record duty hours accurately and in compliance with RMS and Duty Hour
policies; and comply with any other requirements established by the individual
residency/fellowship program.
4.
Responsibilities of the University.
4.1
The Medical School shall be responsible for providing a graduate medical
educational experience and training program through faculty planning, teaching, supervision, and
evaluation of residents/fellows.
FORM: OGC-SC200
Form Date: 01.23.02
Revision Date: 11.20.2013
2
4.2
The University agrees to perform administrative functions for the benefit of the
residents/fellows. These include arranging for the payment of stipends; maintaining certain
resident/fellow records; administering the procedure related to the discipline of residents/fellows;
and providing mechanisms for the coordination of programs among the affiliated hospitals and
clinics, the Medical School, and the various clinical services.
4.3
The University agrees to provide the following benefits to residents/fellows
effective the date set forth in Section 5.1:
4.3.1
An annual stipend of $
, payable on a bi-weekly basis.
4.3.2 Benefits as set forth in the Resident/Fellow Institutional Policy Manual.
All residents/fellows receive the following benefits regardless of appointment
classification: professional liability insurance through the University covering claims
related to duties performed as part of the residency/fellowship, whether such claims arise
during or after the resident’s/fellow’s completion of the program; other insurance through
the Office of Student Health Benefits specifically for residents/fellows that provides
medical insurance and optional dependent coverage, long-term and short-term disability
insurance, life insurance, and optional dental insurance at the resident’s/fellow’s cost;
reasonable accommodations for residents with a documented disability as outlined in the
Institution Policy Manual; and counseling and psychological support services through a
residency/fellowship assistance program, including monitoring and assistance for
impaired physicians consistent with professional and legal obligations. Residents/fellows
who are not appointed in a training grant position are eligible to participate in the
University’s dependent and health care flexible spending accounts and the Optional
Retirement Plan (ORP) or the University of Minnesota Section 457 Deferred
Compensation Program (457 Plan).
4.3.3 Leave of absence benefits, which include parental/family medical,
professional/academic, personal, vacation, holiday, sick, bereavement, military and jury
duty/witness leave. These benefits are available to all residents/fellows as set forth in the
Resident/Fellow Institutional Policy Manual, but amounts of vacation and sick leave vary
with the policies of each department. See applicable Program Policy Manual. Each
program is responsible for advising its residents/fellows on how a requested leave of
absence may affect timely completion of the training program and eligibility to sit for the
relevant specialty board exam.
4.3.4 Other benefits determined at the individual program level as set forth in
the applicable Resident/Fellow Program Policy Manual. These benefits vary from
program to program and may include: meal tickets, laundry service, and beeper rental.
On-call sleeping quarters are determined by the hospitals where the resident/fellow is
assigned.
4.4
The Medical School has established general policies on duty hours/on-call
schedules, moonlighting, and the effect of absences on timely completion of the
residency/fellowship program. These matters are set forth in the Resident/Fellow Institutional
FORM: OGC-SC200
Form Date: 01.23.02
Revision Date: 11.20.2013
3
Policy Manual, and supplemented in the applicable Program Policy Manual. Program policies
will conform to any applicable requirements of the Accreditation Council for Graduate Medical
Education (ACGME) or the relevant American specialty board.
4.5
The Medical School does not require residents to sign a noncompetitive
guarantee. Please see the Resident/Fellow Institutional Policy Manual.
5.
Residency/Fellowship Term. Traditionally, the majority
successfully complete their training. In keeping with University policy:
of
residents/fellows
5.1
The term of the Agreement between the resident/fellow and the University is for
the period starting
and ending no later than
.
5.2
The Agreement may be renewed on an annual basis as mutually agreed upon by
the resident/fellow and the University. The criteria for promotion and reappointment are set forth
in the Institutional Policy Manual.
6.
Evaluations of Academic Performance.
6.1
A periodic assessment of academic performance of each resident/fellow is the
responsibility of the residency/fellowship program director with input from faculty. Academic
performance of a resident/fellow must be evaluated by a careful and deliberate review, including
documentation of the resident’s/fellow’s performance with respect to relevant exam scores,
clinical diagnosis and judgment, medical knowledge, technical abilities, interpretation of data,
patient management, communications skills, interactions with patients and other healthcare
professionals, professional appearance and demeanor, and/or motivation and initiative. All
recorded evaluations of a resident’s/fellow’s performance are accessible to the resident/fellow.
6.2
A resident/fellow can be disciplined and/or dismissed from the program for
academic reasons. Before dismissing a resident/fellow or not renewing a resident’s/fellow’s
contract for academic reasons, the program must give the resident/fellow notice of his/her
performance deficiencies, an opportunity to remedy the deficiencies, and notice of the possibility
of dismissal or non-renewal if the deficiencies are not corrected.
7.
Grounds for Discipline and/or Dismissal of a Resident/Fellow for Non-Academic
Reasons. Grounds for discipline and/or dismissal of a resident/fellow for non-academic reasons,
as set forth in the Resident/Fellow Institutional Policy Manual, include, but are not limited to, the
following:
7.1
Failure to comply with the bylaws, policies, rules, or regulations of the
University, affiliated hospitals, medical staff, department, or with the terms and conditions of
this document.
7.2
Commission by the resident/fellow of an offense under federal, state, or local laws
or ordinances which impacts upon the resident’s/fellow’s abilities to appropriately perform
his/her normal duties in the residency/fellowship program.
FORM: OGC-SC200
Form Date: 01.23.02
Revision Date: 11.20.2013
4
7.3
Conduct which violates professional and/or ethical standards; disrupts the
operations of the University, its departments, or affiliated hospitals; or disregards the rights or
welfare of patients, visitors, or hospital/clinical staff.
8.
Disciplinary and Grievance Procedures.
8.1
Discipline and/or dismissal of a resident/fellow for academic reasons under
Section 6.2 above may be grievable under University policy and procedures on “Conflict
Resolution Process for Student Academic Complaints,” set forth in the policy on
“Discipline/Dismissal of Residents/Fellows”. Residents/Fellows also may utilize this University
grievance procedure for other complaints related to education and academic services to the
extent covered by the grievance policy.
8.2
Residents/Fellows who are disciplined and/or dismissed for non-academic reasons
under Section 7 above are entitled to certain procedures as set forth in the policy on
“Discipline/Dismissal of Residents/Fellows” found in the Resident/Fellow Institutional Policy
Manual. These procedures are outlined in a section labeled “Discipline/Dismissal for NonAcademic Reasons.” They include notice of the disciplinary charges, an opportunity to respond
to the allegations before discipline is imposed, and a hearing at the resident’s/fellow’s request by
a three-person panel in the Medical School to appeal any discipline imposed for non-academic
reasons.
8.3
Discipline imposed for either academic or non-academic reasons is implemented
on the effective date determined by the program, regardless of whether the resident/fellow
contests the discipline. The procedures referenced in paragraphs 8.1 and 8.2 above for contesting
discipline are mutually exclusive; under no circumstances will a resident/fellow be afforded both
the procedures outlined under University policy and procedures on “Conflict Resolution Process
for Student Academic Complaints” and the procedures set forth in the manual under the
provision entitled “Discipline/Dismissal For Non-Academic Reasons.”
8.4
The University is committed to the policy that all persons shall have equal access
to its programs, facilities, and employment without regard to race, color, creed, religion, national
origin, sex, age, marital status, disability, public assistance status, veteran’s status, sexual
orientation, gender identity or gender expression. Harassment based on sex, race or any other
ground listed here is a form of discrimination prohibited under this policy. Residents/Fellows
who believe they have been subjected to discrimination or harassment on any of these grounds
are urged to contact their program director or department chair. Complaints also may be pursued
through the Associate Dean for Graduate Medical Education, the Medical School Ombudsman or
the University of Minnesota Office of Equal Opportunity and Affirmative Action, as set forth in
the Resident/Fellow Institutional Policy Manual.
8.5
Residents/Fellows who are disqualified from direct contact with patients under the
criminal background study required by Minnesota law, Section 144.057, will be dismissed from
the residency/fellowship program or have their acceptance revoked if they have not started the
program training yet. The resident/fellow may appeal this decision to a panel of the Graduate
FORM: OGC-SC200
Form Date: 01.23.02
Revision Date: 11.20.2013
5
Medical Education Committee in the Medical School under the terms of the “Academic Health
Center Policy on Student Background Checks.” This policy is set forth in the Resident/Fellow
Institutional Policy Manual.
9.
Residency Closure/Reduction. If the University reduces the size of a
residency/fellowship program or closes a program, affected residents/fellows will be notified as
soon as possible; and the University will make every effort within budgetary constraints to allow
existing residents/fellows to complete their education. In the unlikely event that existing
residents/fellows are displaced by a program closure or reduction, the University will make every
effort to assist the residents/fellows in locating another residency/fellowship program where they
can continue their education.
10.
Resident/Fellow Institutional Policy Manual. Upon signature of this agreement, the
resident/fellow acknowledges having access and agrees to adhere to the Resident/Fellow
Institutional Policy Manual and the applicable program manual, both of which are available
online. See http://www.med.umn.edu/gme.
Regents of the University of Minnesota
Resident/Fellow
By:
By:
Name: John S. Andrews, MD
Name:
Title: Associate Dean for Graduate Medical Education
Designee for the Dean of the
Date:
University of Minnesota Medical School
Date:
APPROVED BY RESIDENCY/FELLOWSHIP
PROGRAM DIRECTOR
By:
Name:
Title:
Program Director or Designee
Department of
Program
Date:
First approved by the Graduate Medical Education (GME) Committee on November 21, 1997.
FORM: OGC-SC200
Form Date: 01.23.02
Revision Date: 11.20.2013
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